My siblings, prior to my mother’s death, got dementia-stricken mother to take everything out of parent’s bank account and give it to them for safe keeping. Father will not sue his children for $87,000….besides, four out of five children have already received and spent their equal portion. I, the youngest and mother’s caregiver who knew that every morning mother had clarity and asked that their money be returned, have not received my equal portion. It is my understanding that they spent $30,000 of mother’s money, on what, I don’t know. But the sibling in control is selling her home and I would like to put a lien on that home so that I can get my portion of parent’s money. Of course, that money really belongs to my father and I want him to get every cent of it. Sibling has bought another home and lives in the new home while the old home is vacant with a “For Sale” sign in front.
ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU:
First, this sounds like elder abuse. You can report the siblings to protective services for taking and spending the money. If at any time in the next 5 years you father enters the nursing home and needs to apply for Medicaid, he will be penalized for the transfer.
It is unclear how the sibling is able to sell the home. If your mother is deceased, your sibling would not have authority to sell the home. If the home had both your parents listed on the deed as joint owners, it will be 100% your father’s. If the home was solely in your mother’s name, only the personal representative (aka executor) has authority to sell the home.
You should take your father to an elder law attorney to work through these issues with him.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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